Australia, Sept. 10 -- New South Wales Land and Environment Court issued text of the following judgement on Aug. 11:

1. The applicant Mr Joseph Young applied to this tribunal on 26 November 2024 seeking administrative review of a decision by a delegate of the respondent to refuse the applicant's application for a category AB firearms licence. That decision was affirmed following an internal review on 6 November 2024 on the ground that the reviewing delegate could not be satisfied that the applicant would personally exercise continuous and responsible control over firearms because of his domestic circumstances, and also on the ground of public interest.

2. The respondent's position was that the applicant's association with Jade Young, whose conduct involving domestic violence (through coercive and controlling behaviour towards his ex-partner, the applicant's mother, "JM") was the subject of adverse findings in the Jade Young decision cited below, was relevant to the tribunal's determination of the correct and preferable decision in the present proceedings.

3. These proceedings follow separate proceedings involving the applicant's father, Jade Young. They consisted of proceedings commenced by Jade Young seeking administrative review of the respondent's refusal in September 2022 to grant his application for a firearms licence. That decision was affirmed by the tribunal on 26 August 2024 in Young v Commissioner of Police, New South Wales Police Force [2024] NSWCATAD 253 ("Jade Young decision") and by the Appeal Panel in Young v Commissioner of Police, New South Wales Police Force [2025] NSWCATAP 83 ("Jade Young appeal").

4. The matter came on for hearing in this tribunal on 1 August 2025. Following the open hearing, a confidential hearing was conducted for the reception of confidential evidence.

Applicable legislation

5. Section 11(4)(a) of the Firearms Act provides that "a licence must not be issued if the Commissioner has reasonable cause to believe that the applicant may not personally exercise continuous and responsible control over firearms because of: (a) the applicant's way of living or domestic circumstances...."

6. Section 11(7) of the Act provides that "the Commissioner may refuse to issue a licence if the Commissioner considers that issue of the licence would be contrary to the public interest".

7. The issues in this application are thus whether there is reasonable cause to believe that the applicant may not personally exercise continuous and responsible control over firearms because of his domestic circumstances, and whether the issue of a licence to the applicant would be contrary to the public interest. The applicant's fitness and propriety to hold a licence were not disputed.

*Rest of the document can be viewed at: (https://www.caselaw.nsw.gov.au/decision/19886e7411322f18115ec504)

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